Aboriginal art code may be mandatory

Dealers in Aboriginal art could be forced to abide by a mandatory code of conduct if the recommendation of the board that governs the existing voluntary code, chaired by Ron Merkel, QC, is accepted by government.

The board of the Indigenous Art Code has recommended that the federal government make the code mandatory. This is on the basis that the unconscionable conduct which led to the establishment of the voluntary code persists, and at the same level as it did before the code’s June 2010 introduction.

The code was set up following a 2007 Senate inquiry into problems in the Aboriginal art sector, many of which involved the exploitation of indigenous artists by dealers.

The government is considering whether to put the mandatory code concept out for public consultation, before deciding whether to accept or reject it.

The idea will spark heated debate within the Aboriginal art field, where many dealers believe it will be unworkable and further stymie an already struggling sector.

The Aboriginal art market will be tested on March 24 when 266 works from the collection of Colin Laverty and his wife Elizabeth are auctioned in Sydney by Bonhams.

Dr Laverty died in Sydney on February 9. The collection recently received a good response at its London viewing, and moves to New York next week.